JAGDISH KAUR vs JASBIR SINGH SANDHU & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 03.11.2025 Judgment pronounced on: 26.11.2025 + FAO (COMM) 205/2024 and CM APPL. 60557/2024 JAGDISH KAUR .....Appellant Through: Ms. Aastha Dhawan, Adv. versus JASBIR SINGH SANDHU & ORS. .....Respondents Through: Mr. Bipin Kumar Prabhat and Mr. Kislaya Prabhat, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal under Section 371 of the Arbitration and Conciliation Act, 19962, the Appellant (Petitioner before the learned District Judge) assails the correctness of the Judgment and Order dated 18.07.2024 [hereinafter referred to as ‘Impugned Order’], whereby the learned District Judge dismissed the petition [hereinafter referred to as ‘Section 34 Petition’] filed by the Appellant under Section 343 of the A&C Act and upheld the Award dated 05.06.2020 [hereinafter referred to as ‘Award’] passed by the learned Arbitrator. 2. Herein, the Appellant contends that the learned District Judge, while passing the Impugned Order, failed to appreciate the patent illegality apparent on the face of the Award, inasmuch as the learned 1 Section 37. 2 A&C Act. 3 Section 34. Signature Not Verified FAO(COMM) 205/2024 Page 1 of 28 Signed By:JAI NARAYAN Signing Date:27.11.2025 17:25:35 Arbitrator omitted to adjust the amount overpaid by the Appellant against the value of the work executed while determining the final awarded sum. However, readjustment of the amount overpaid was not pleaded before the learned District Judge. 3. Accordingly, the issue that falls for consideration before this Court is whether an arithmetical or computational error in the Arbitral Award can be corrected in proceedings under Section 37, notwithst